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Thread: Help finding a law

  1. #1
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    Help finding a law

    I know that the ORC defines an automatic weapon to include firearms with the capability to carry more than 31 rounds. That means that an AR-15 with a 42-round magazine inserted in the well would be, under that definition, an automatic weapon.

    So, where, in the ORC does it say that carrying an automatic weapon is illegal?

  2. #2
    Accomplished Advocate color of law's Avatar
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    2929.14 Definite prison terms.

    (B)(1)(a) Except as provided in division (B)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.141, 2941.144, or 2941.145 of the Revised Code, the court shall impose on the offender one of the following prison terms:

    (i) A prison term of six years if the specification is of the type described in section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the felony;
    2941.144 Automatic firearm or firearm muffler or silencer specification.

    (A) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:

    "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the offense)."

    (B) Imposition of a six-year mandatory prison term upon an offender under division (B)(1)(a) of section 2929.14 of the Revised Code is precluded if a court imposes a three-year or one-year mandatory prison term on the offender under that division relative to the same felony.

    (C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.

    (D) As used in this section, "firearm" and "automatic firearm" have the same meanings as in section 2923.11 of the Revised Code.
    Other than the definition (2923.11), this all I have found.

  3. #3
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    (K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:

    (1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
    http://codes.ohio.gov/orc/2923.11

    (A) No person shall knowingly acquire, have, carry, or use any dangerous ordnance.
    http://codes.ohio.gov/orc/2923.17

  4. #4
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    That would be it. Thanks.

    Of course, this just illustrates the stupidity of the law sometimes. An AR-15 is legal. A 42-round magazine is legal. Putting an empty 42-round magazine in an AR-15 is a felony.

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